CITY OF PROSPECT
CITY COUNCIL MEETING
MINUTES

November 19, 2007

(A complete transcript of this meeting is available at City Hall and on the City's Web Site, HTTP://www.PROSPECTKY.COM )

PRESENT:

Present:   Mayor Todd Eberle; Council Members Loretta Ertel, Sandra Leonard, Stuart Miles, Alan Simon, Sandra Tucci, and Lee Zimmerman; City Attorney Grover Potts;   City Administrator Ann Simms; Police Chief Marvin Wilson;   Recording Secretary Ann Melton; Court Reporter Bruce Handy.

Mayor Eberle called the meeting to order at 7:30 p.m.  

APPROVAL OF MINUTES:

Council Member Simon moved approval of the minutes of the regular City Council Meeting of October 15, 2007; Council Member Tucci seconded: passed unanimously.

We do not have the November 5, Special Meeting Minutes at this time; we will have them at the next Council Meeting for approval.

MAYOR'S REPORT:

Mayor Eberle reported that the Reading Center Fall Book Sale and the Mayor's Beautiful day were both clear successes.   Mayor's Beautiful Day on November 10 th featured the distribution of over 1,000 daffodil bulbs to Prospect residents for fall planting and spring blooms.   Mayor Eberle thanked all the volunteers who organized and worked at the three-day Fall Book Sale held on November 8, 9 and 10th.   It was one of the best sales ever, raising over &800.00 for the Prospect Reading Center.   He also reported that the City recently had approximately 35 tree stumps removed from public land and most street right-of-ways including the public area just north of City Hall.   He noted that the official 2008 Prospect Wall Calendars have been sent to the printer and should be in all resident's mailboxes by the first of December.   The calendar features a theme of "connecting the various neighborhoods across the city."

He announced that Light Up Prospect will be held on Friday, November 30.   "Frosty" will initially arrive at the Cowley Open Space via a Harrods Creek fire Department truck at 6:15 p.m.   The lighting of the city tree will occur at 6:30 p.m.   After that two elves in "elfmobiles" will lead the fire truck to the various neighborhoods of the city with the last "Frosty Stop" being The Landings Clubhouse at 8:15 p.m.   As the entourage moves through the city everyone is encourage to welcome the group by turning on their 2007 holiday season lights.

POLICE REPORT:

Police Chief Marvin Wilson presented the monthly police report.   The Hunting Hills Condominium Association Block Watch group held a picnic on October 21 with approximately 43 residents in attendance.   The Police Department furnished hot dogs and the residents brought covered dishes.   It was most successful and gave residents a chance to socialize with each other and as well as with several of the Prospect police officers.   Chief Wilson also commented about four 12-year olds who vandalized the Rosewell Estate off of River Road. They were not arrested and their parents have agreed to restitution.  

COMMENTS FROM CITIZENS:

Dan Neal addressed the Council regarding his opening of a new business in Prospect and the denial by the City of a request for a signage variance.   The former tenant at the location had been granted a variance several years ago.   Mr. Neal noted that he wanted only to change out the former tenants signs with his own signs of the same style and dimensions. There was discussion regarding the visibility of signage from the nearest street, U.S. Highway 42.   Mayor Eberle had explained in an earlier meeting with Mr. Neal that the Prospect sign ordinance would seem to prohibit the new signage in that "grandfathering" of previous signage would run with the business rather than with the building, and the sign ordinance provides that only the City Council may grant a variance.   City Attorney Grover Potts noted that since Mr. Neal has the permit issued to the previous tenant in error in 1998, the Council does not have to grant a variance.   Discussion followed. Council member Zimmerman made a motion to confirm that Mr. Neal had non-conforming rights for the signage on the property he will be occupying.   Council member Tucci seconded; passed on a vote of five in favor and one opposed.

Prospect resident Dr. David Wicks addressed the Council regarding his concerns with the lower creek bank area on Harrods Creek at The Overlook at Harrods Creek condominium development.   He urged the Council to push for the proposed comprehensive study of the need for possible erosion prevention remedies along the creek bank at the development.   He provided the Council with a series of photographs taken from Harrods Creek demonstrating current erosion at the site.   Dr. Wicks also expressed concern for riparian rights within the city along Harrods Creek.

Craig Perdue, one of the principals involved with Premier Land Company, the developer of The Overlook at Harrods Creek was present.   He was represented by his recently hired legal counsel Ted Walton of Seiller Waterman, LLC who was also present.   Mr. Perdue noted that he was now the primary spokesperson for Premier Land Company rather than Ms. Julie Tinnel who had appeared before the Council in the past. Attorney Ted Walton advised the Council that his client, Premier Land Company, does not believe the condominium development is in any way responsible for water quality issues along Harrods Creek.   Referring to the proposed comprehensive study of the lower creek bank of the failed slope at the development, Mr. Perdue advised the Council that he would not participate in the comprehensive study of the lower creek bank area.   He noted that Premier Land Company does not have the requisite $17,000 for the study and would not have the resources to remedy problems which might be identified by a study.   Neither he nor his attorney feels a study is necessary.   Their plan is to finish the remaining three buildings which will likely take at least two more years in construction.   Mayor Eberle inquired whether after all the planned buildings are complete and all the units are sold or ready to be sold, whether at that time participating in a study of the lower creek bank would be a priority for Premier?   Mr. Perdue noted that he may consider a study at that time, but that he would have no money to remedy any problems which such a study might reveal.   Council Member Ertel inquired whether there might be some way of delaying the turnover of the property to the homeowners group after construction is complete until such time as the study of the creek bank can be conducted and any necessary repairs made.   Mr. Perdue reiterated that is would take at least two more years to finish the project, that he has borrowed all of the money he can, that completion of the project would depend on sales of units, and that he would have no way of knowing if he would have monies to conduct a study of the lower bank until all other priorities are accomplished.

Sherry Oxman, with Remarkable Interiors in Prospect Village Shopping Center addressed the Council to request that she be allowed to place a temporary banner across the exterior of her business location to advertise an inventory sale.   Mayor Eberle noted that he had allowed variances from the sign ordinance only in the case of grand openings and going out of business events.   There was general agreement among the Council Members that allowing variances for banner signs in those instances was reasonable, but that the ordinance's prohibition of banner signs for other events should remain.

UNFINISHED BUSINESS :    

Council Member Alan Simon gave SECOND READING TO ORDINANCE NO.   482, SERIES 2007:   AN ORDINANCE AMENDING CHAPTER 38 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATING TO THE CITY CODE OF ETHICS.   The ordinance adds step-children and step-grandchildren to the definition of "immediate family" for purposes of disclosures under Prospect Ethics Code.   Council Member Leonard seconded; approved unanimously.

Council Member Alan Simon gave SECOND READING TO ORDINANCE NO.   483, SERIES 2007:   AN ORDINANCE AMENDING CHAPTER 32 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATING TO THE TIME OF CITY COUNCIL MEETINGS.   The ordinance changes the regular meeting time for City Council Meeting from 7:30 p.m. to 7:00 p.m.   Council Member Ertel seconded; approved unanimously.

NEW BUSINESS:

Council Member Sandy Tucci gave FIRST READING, for introduction TO ORDINANCE NO. 484, SERIES 2007; AN ORDINANCE RELATING TO THE SELECTION, PLANNING, PROTECTION, CARE, MAINTENANCE, REMOVAL AND MANAGEMENT OF TREES WITHIN THE CITY OF PROSPECT.

Council Member Loretta Ertel gave FIRST READING, for introduction TO ORDINANCE NO. 485, SERIES 2007; AN ORDINANCE RELATING TO TEMPORARY PORTABLE STORAGE CONTAINERS, TRASH CONTAINERS, BUILDINGS OR STRUCTURES, AND TRAILERS OR TRUCKS USED FOR STORAGE OR FOR RETENTION OF TRASH.

Council Member Alan Simon gave FIRST READING, for introduction TO ORDINANCE NO. 486, SERIES 2007:   AN ORDINANCE AMENDING THE BUDGET FOR THE GENERAL FUND OF THE CITY OF PROSPECT FOR THE FISCAL YEAR BEGINNING JULY 1. 2006 AND ENDING JUNE 30, 2007 SO AS TO REFLECT THE RESULTS OF THE CITY'S ANNUAL INDEPENDENT AUDIT.

EXECUTIVE SESSION:

No need for an executive session was noted and none was requested.

ADJOURNMENT:

Council Member Simon moved for adjournment; Council Member Leonard seconded; passed unanimously.

Mayor Eberle declared the meeting adjourned at 9:54 p.m.

Respectfully submitted,
Ann Melton
Recording Secretary

Approved:
Todd B. Eberle
Mayor

ATTEST:
Ann R. Simms
City Clerk